تحليل الالتزام العيني للبائع بنقل ملکية العقار وفقا لقرار 1198 المعدل

Volume 13 , Issue 1 , June 2025 , Pages 115-140

Authors

Dr. Awat Omar Qadir Haji

DOI logo 10.17656/jlps.10325

Keywords

Abstract

This research examines and analyzes the legal nature of the seller's obligation under the amended Law No. 1198, examining the concepts of the in-rem obligation and the ownership claim, as well as the independent issues associated with them within the framework of Iraqi law. The first section is devoted to clarifying the in-rem concept, distinguishing the essential differences between it and conditions that may be confused with it, such as the in rem right accessory to personal obligations associated with a property description. The focus is on clarifying the theoretical basis of this type of obligation, its nature in the various jurisprudential trends, and its acceptability within the system seeking to commit to dealing with the buyer. The second section focuses on the concept of ownership, analyzing the nature of the buyer's right arising from it, and whether this right is related to the debt or to the sold property. The issue of the buyer's right to file a claim for ownership against the original seller is also discussed, clarifying the position of the Iraqi judiciary and judiciary on this issue. The research concluded that the right of ownership is transferred to the buyer’s successor, whenever the conditions of the established decision are met in his request, especially those related to the housing company in the local property request, or the establishment of the structure and facilities on it, which is what is contracted on a final agreement in dealing and repeating and without affecting the contracts in the face of the general successor, it is equal.

Keywords: - real obligation, seller, transfer of ownership of the property, amended Resolution 1198

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  • First online15 June 2025
  • Published at15 June 2025

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